The FBI has requested questioning of six Democratic members of Congress who appeared in a social media video urging U.S. military personnel to “disobey illegal orders,” the lawmakers said.
Tuesday’s statement came a day after the Pentagon announced it was considering Sen. Mark Kelly, a U.S. Navy veteran and one of six members of Congress, over possible violations of military law.
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President Donald Trump previously accused the lawmakers of sedition, calling the crime “deserving of the death penalty” in a social media post.
All six Democratic members of Congress featured in the video have served in the military or intelligence agencies.
Michigan Sen. Elissa Slotkin, one of the six people seen in the video, told reporters Tuesday that the FBI’s counterterrorism division has sent a memo to members of Congress saying they are opening what appears to be an investigation into the six of us.
Slotkin called this a “scare tactic” by Trump.
“Whether you agree or disagree with this video, the question for me is: Is this an appropriate response for the president of the United States to seek to go after and weaponize the federal government against people who disagree with him?” Slotkin said.
“Intimidation, harassment”
Lawmakers said the video statement accurately reflected U.S. law. U.S. troops are sworn to the U.S. Constitution, not the president, and under military discipline they must obey “all lawful general orders and regulations.”
Other Democrats who appeared in the video released last week included Reps. Jason Crow, Maggie Goodlander, Chris Deluzio and Chrissy Houlahan, all of whom are military veterans.
“President Trump is using the FBI as a tool to intimidate and harass members of Congress,” four House Democrats said in a joint statement. “Yesterday, the FBI contacted the House and Senate sergeants-at-arms to request interviews.”
He added: “No amount of intimidation or harassment will ever stop us from doing our jobs and respecting the Constitution.”
Senator Kerry was not immediately available for comment.
Reuters reported, citing a Justice Department official, that the FBI’s interviews were intended to “determine whether there was any wrongdoing and begin the investigation from there.”
Kash Patel, who was appointed by President Trump, is now the director of the FBI.
In a memo released Tuesday, Defense Secretary Pete Hegseth referred Mr. Kelly to the Secretary of the Navy for “potentially illegal comments” made in the video last week. Mr Hegseth said he would like to be provided with an overview of the results of the review by December 10.
The FBI and Pentagon investigation marks an unusual escalation for federal law enforcement and military agencies that have traditionally avoided partisan conflict. They also highlight the government’s willingness to impose legal restrictions even on critics who are sitting members of parliament.
“Frivolous investigation”
The study has also drawn criticism from Republicans.
Sen. Lisa Murkowski of Alaska denounced both investigations on social media, saying, “It is reckless and completely wrong to accuse members of Congress of treason and sedition for rightly pointing out that military personnel can refuse illegal orders.”
“The Department of Defense and the FBI certainly have more important priorities than this frivolous investigation,” Murkowski wrote.
Lawmakers said they had no further information, and the FBI did not say on what basis it requested the interview.
FBI Director Patel said in an interview with journalists that the FBI’s investigation is an “ongoing matter” and explained why he could not discuss details.
Asked for his reaction to the video, Patel said, “The thing that goes through my mind is the same in every case: Are there legitimate conditions to begin an investigation and investigation, or are there not? And that decision will be made by career agents and analysts here at the FBI.”
“We need the military to protect our laws, our Constitution,” the lawmakers said in the video. Kelly, who was a fighter pilot before becoming an astronaut and retired with the rank of captain, told the military that he “can refuse illegal orders.”
Lawmakers did not mention the specific circumstances in the video.
At an event in Michigan on Tuesday, Slotkin noted that the Trump administration has ordered the military to blow up small boats in the Caribbean and Eastern Pacific that authorities accuse of transporting drugs, and continued efforts to deploy the National Guard to U.S. cities despite some legal setbacks.
“It’s not just one incident. We have so many people come to us and say, ‘I’m worried. I’m going to be sent to Washington,’ or ‘I’m going to be sent to Los Angeles or Chicago, North Carolina, and I’m worried that I’m going to be asked to do something that I don’t know if I’m supposed to do,'” Slotkin said. “So that’s where it came from.”
Military forces, especially uniformed commanders, have certain duties to refuse illegal orders if they so choose.
Extensive legal precedent also holds that simply following orders known colloquially as the “Defense of Nuremberg” does not absolve troops of responsibility, as Nazi officials unsuccessfully used them to justify their actions under Adolf Hitler’s regime.
